Homeowners Associations and Reasonable Accommodations

 Posted on January 09, 2025 in Condominium & Homeowner Association Law

Illinois homeowners associations (HOAs) must ensure that they comply with the requirements of the Fair Housing Act (FHA), a federal law that prohibits housing providers from discriminating against certain categories of individuals. Violating the FHA can result in monetary penalties and reputational damage. An Arlington Heights, IL attorney can provide advice to HOAs on complying with the FHA. 

What Is the Federal Housing Act and How Does It Affect HOAs?

The FHA prohibits those who provide housing, including HOAs, from discriminating against individuals on the basis of race, color, national origin, religion, disability, or familial status. The law is enforced by the U.S. Department of Housing and Urban Development’s (HUD) Office of Fair Housing and Equal Opportunity (FHEO). 

HOA rules and bylaws can still violate the FHA even if they were not written with the intent to discriminate. The challenge for HOAs is ensuring that their rules protect the residents and community while complying with the FHA. 

Reasonable Accommodations and Modifications

Individuals with disabilities may request that an HOA put in place reasonable accommodations to rules and procedures or modifications to physical structures so that they can use and enjoy the premises to the same extent as non-disabled residents.

An example of a reasonable modification would be adding a wheelchair ramp. An example of a reasonable accommodation would be allowing a disabled person to pay their rent online instead of via physical check. Generally, an HOA cannot deny a request for a reasonable accommodation or modification unless it would put too great a financial burden on the HOA or significantly change its operations. 

Service Animals

A request for a service animal is a type of request for a reasonable accommodation, but it bears special mention because HOAs often have rules restricting pet ownership. Even if an HOA has strict rules against pets, it cannot ban service animals and must consider a legitimate request for such an accommodation. 

However, the HOA can request documentation proving that someone needs a service animal. HOAs also may enforce rules applicable to service animals, such as a requirement that they be leashed in public spaces or that owners clean up after their pets. On the other hand, an HOA cannot impose additional fees on a resident who requests a service animal as a reasonable accommodation. 

Contact an Arlington Heights, IL Condominium Association Attorney

At Dickler, Kahn, Slowikowski & Zavell, Ltd., we have over 150 years of combined legal experience. One of the main legal areas of focus at the firm is protecting HOAs and condominium associations. The experienced Cook County, IL condominium association lawyers can advise your HOA on how to ensure it is complying with the Fair Housing Act. Call the firm at 847-593-5595 for a consultation.